（ジェトロ仮訳）  
GCC Trademarks Law 
 
Part 1 
Definitions  
Article (1) :  
In the implementation of the provisions of this Law, the following words and expressions shall 
ha
ve the meanings ascribed thereto hereunder, unless the context otherwise requires: 
 
GCC  : Cooperation Council for the Arab States of the Gulf  
Competent Authority  : The Ministry in charge for the trading affairs in every GCC 
country and is assigned to enforce this Law.   
Minister  : The Minister in charge for enforcing the provisions of this Law.  
Executive Regulations  : The executive regulations to be set by the Commercial 
Cooperation Committee in enforcement of this Law.  
Register  : The trademarks register  
 
Article (2): 
Trademark: Shall be considered a trademark anything having a distinctive form such as names, 
words, signatures, letters, figures, drawings, logos, titles, hallmarks, seals, pictures, engravings, 
packs or any other mark or group of marks if used or intended to be used either to distinguish 
goods, products or services of a facility or other facilities or to indicate the rendering of a service 
or the control of inspection of goods or services. 
The voice or odor shall be considered as part of the trademark. 
 
Part 2 
Procedures 
Chapter 1 : Trademarks Registration Procedures  
Article (3):  
The following shall not be registered as a trademark or an element thereof: 
1. The mark having no property or distinctive character or that made of data being only the 
name given by tradition to familiar goods, products, services or the ordinary drawings 
and pictures of goods and products.  
2. Any mark breaching the public morals or violating the public order.  
3. Public emblems, flags and other logos, of the State, the Arab or international 
organizations or an institution thereof or any foreign country except by its authorization 
as well as any imitation of such emblems, flags or logos.  
4. Logos of the Red Crescent or Red Cross and such other similar symbols and the marks 
being an imitation thereof.  
5. Marks that are identical or similar to symbols having a purely religious character.  
6. Geographical names and data if their use would create confusion with regard to the origin 
or source of goods or services. 
7. The name, title, picture or logo of a third party unless he or his heirs approve its use 
beforehand.  
8. Particulars of honorary degrees to which a registration applicant does not prove his legal 
entitlement.  （ジェトロ仮訳）  
9. Marks that may mislead the public or include misstatements on the origin or source of 
products or services or their other properties as well the marks that include a fictitious, 
imitated or forged trade name. 
10. Marks owned by natural or legal persons with whom it is prohibited to deal as per a 
resolution passed by the Competent Authority in this regard. 
11. Any trademark that is similar to a trademark that was previously lodged or registered by 
third parties for the same goods or services or for related goods or services, if the use of 
such trademark to be registered will mislead the consumers as to the goods or services of 
the registered trademark owner or will prejudice his interests. 
12. The mark whose registration for some categories of products or services results in 
undervaluing other products or services distinguished by such mark 
13. The marks deemed as just a reproduction, imitation or translation for a renowned mark or 
a part thereof already registered by third parties for using same in distinguishing goods or 
services that are similar to the one distinguished by the renowned trademark. 
14.  The marks deemed as just a reproduction, imitation or translation for a renowned mark 
or a part thereof already registered by third parties for using same in distinguishing goods 
or services that are not similar to the one distinguished by the renowned trademark, if 
such use indicates that there is connection between such goods or services and between 
the renowned trademark, or prejudices the interests of the renowned trademarks owner. 
15.
  Marks including the following words or expressions: Concession, Concessionaire, 
Registered, Registered Drawing, Copyright, or such similar words and expressions.  
 
Article (4): 
1. The trademark, having an international goodwill beyond the boundaries of the mother 
c
ountry in which it is registered, may not be registered unless same is requested or 
expressly approved by the owner. 
2. It is the public's awareness about the trademark that determines its goodwill, due to the 
promotion or long period of registration or use or the number of countries in which the 
trademark is registered or becomes renowned or due to the value of trademark and the 
effect thereof on promoting the goods or services distinguished by the trademark. 
3. A trademark with a goodwill, may not be registered to distinguish products or services 
that are not similar or compliant with those distinguished by the trademark if:  
a. The use of the trademark indicated a link between the goods and services to be 
distinguished and the goods or services of the original trademark owner.  
b. The use led to a potential prejudice to the owner of the renowned trademark owner. 
 
Article (5): 
The following persons shall have the right to register their trademarks: 
1. Any GCC natural or juridical persons carrying out any commercial, industrial, handicraft 
or services activity.  
2. Foreigners who reside in any GCC country and are authorized to carry out any 
commercial, industrial, handicraft or services activity. 
3. Foreigners who belong to any State that is a member of a multilateral convention in 
which a GCC State is a party therein or who reside in such State. 
4. Public authorities.  
 （ジェトロ仮訳）  
Article (6): 
1. A register called "Trademarks Register" shall be set up at the Competent Authority 
wherein shall be recorded all the trademarks, names, addresses, descriptions of their 
goods or services and any conveyance, assignment, transfer of ownership, mortgage or 
license for use concerning such trademarks or any other changes. Any concerned person 
may review this Register and obtain request a certified true copy thereof. 
2. The Trademarks Register existing at the time of enforcing the provisions of this Law 
shall be recorded in the register set forth in the previous clause and shall constitute an 
integral part thereof.   
 
Article (7): 
1. Any person who registers a mark shall be deemed its sole owner. The ownership of such 
mark may not be disputed if the person who registers it, uses it uninterruptedly for at least 
(5) years from the date of registration without an action being lodged against him ruling 
for its validity. 
2. The person who has registered the mark and has the priority to use the mark may request 
the court of jurisdiction to cancel this registration within five years of the registration date, 
unless it is established that the use of such mark is expressly or impliedly approved by the 
one
 who registered same in its name.   
 
Article (8):    
The application for the registration of a trade mark shall be submitted to the Competent 
Authority on the form prepared for same by the concerned person or his proxy under the 
circumstances and conditions provided for in the Executive Regulations of this Law. 
 
Article (9): 
1. A trade mark may be registered for one or more categories of the products or services 
according to the Executive Regulations of the L aw. 
2. The goods or service shall not be similar to each other if they are recorded in the same 
category. The goods or services shall not be different from each other, if they are 
registered in different categories of the same classification.  
 
Article (10):  
Should one or more persons apply simultaneously for the registration of the same mark or close 
or similar marks for one category of products or services, the Competent Authority shall suspend 
the registration of all applications until an attested waiver is submitted by the opponents in 
favour of one of them or a final judgment is awarded in favour of one of them. 
 
Article (11): 
If the mark registration applicant or his successor desires to have the priority right based on a 
previous application lodged in a state that is a member in a multilateral international convention 
in which a GCC State is a party therein, such applicant shall enclose to his application a copy of 
the previous application together with an acknowledgment clarifying the date and number of the 
previous application and the state in which such application is lodged, within six months from 
the date of registration application on which the applicant relies as to the priority right. 
Otherwise, his right to claim such right shall be prescribed.    （ジェトロ仮訳）  
 
Article (12):  
1. The Competent Authority may impose the restrictions and changes it deems necessary to 
determine and clarify the trademark in a way preventing its confusion with another mark 
already registered mark or for any other reason it deems expedient.  
2. If the registration applicant does not reply to the Competent Authority within ninety days 
from the date of notice to be served to him, his application shall be deemed to be waived.  
3. Should the Competent Authority refuse for some reason to register the trade mark or if 
the registration is dependent on restrictions or changes, it shall notify the registration 
applicant in writing of the reasons of its decision.  
4. In all events, the Competent Authority shall decide on the registration application within 
ninety days from the date of its submission if it meets the conditions and circumstances 
provided for in this Law and its Executive Regulations.  
 
Article (13):  
1. An applicant for registration or his representative whose application has been rejected or 
has been suspended on a condition may, before a Committee to be determined in the 
Executive Regulations of the Law, complain about such decision within sixty days from 
the date on which such decision is notified to him. The applicant may challenge the 
Committee's decision before the court of jurisdiction within (60) days from the date on 
which such decision is notified to him. 
2. The applicant shall be deemed as having waived his application if he does not challenge 
the Competent Authority’s decision during the periods stated herein or if he does not 
fulfill the restrictions or conditions imposed by the Competent Authority in the period 
specified in the notice addressed to him in this regard.  
 
Article (14): 
1. Should the Ministry accept a trade mark, it shall, prior to its registration, announce it 
through the means of publication to be determined in the Executive Regulations of this 
Law at the expense of the registration applicant. 
2. Any concerned person may, within sixty days from the date of publication, object to the 
registration of a mark. Such objection shall be submitted to the Competent Authority in 
writing. The Competent Authority shall notify the registration applicant with a copy of 
the objection to his application within thirty days from receipt of such application. The 
registration applicant shall reply to the objection in writing within sixty days of 
notification. If such reply is not submitted within the said delay, the applicant is deemed 
to have assigned his request. 
 
Article (15): 
1. Prior to deciding on the objections submitted thereto, the Competent Authority shall hear 
the statements of the objector and registration applicant or any of them, where required.   
2. The Competent Authority shall issue its decision rejecting or accepting the registration. It 
may in the latter case impose the restrictions or conditions it deems convenient.  
3. Any interested person may complain before the Competent Authority from the Ministry's 
decision within thirty days from the date on which such decision is notified to him and 
may contest the decision before the court of jurisdiction within (30) days from the date on （ジェトロ仮訳）  
which such decision is notified to h im. The objection to the decision issued to accept the 
registration of a trademark shall not result in suspending of the registration procedures 
unless otherwise decided by the court of jurisdiction. 
 
Article (16): 
If the period set for objection elapses without submitting any objection regarding the acceptance 
of trademark registration application, the Competent Authority shall register the trademark upon 
the elapse of period set for the objection.  
 
Article (17):  
1. If a trade mark is registered, the effect of the registration shall start as from the date of 
submission of the application. Upon finalizing the registration of a mark, its owner shall 
be given a certificate containing the following data: 
a. Registration number of the mark.  
b. Number and date of priority and the state in which the application is lodged (if 
any).  
c. Date of submission of application, date of mark registration and expiry date of 
protection. 
d. Mark’s owner name, surname, domicile and nationality. 
e. Duplica
te of the mark.  
f. Description of the goods or services for which the mark is designated and their 
category.  
2. The owner of a registered trademark may prevent others, who do not take approval 
therefrom, from using a similar or identical trademark, including any geographical 
indicator, in the context of trade, to distinguish products or services that are identical, 
similar or correlated for which the mark has been registered, in such a way that confuses 
the consumers, and such confusion may occur in case of using the same mark or a similar 
one to distinguish goods or services that are similar to the ones for which the mark is 
registered.    
 
Article (18): 
The owner of an already registered trademark may at any time apply to the Competent Authority 
for making any addition or change to its mark, unless same substantially affect its essence. The 
Competent Authority’s decision in this regard shall be issued according to the conditions and 
rules prescribed for the original registration applications. It may be subject to grievance and 
challenge by the same means.  
 
Article (19): 
The Competent Authority may add any data to the Register, if recording such data is omitted; 
and may amend or delete any data illegally recorded therein or any data that does not comply 
with the truth.  
Any concerned person may, before the court of jurisdiction, challenge any procedure taken by 
the Competent Authority in this regard.  
 
  （ジェトロ仮訳）  
Chapter 2: Trademark Protection Period  
Article (20):  
1. The period of protection resulting from the registration of a trade mark shall be (10) years. 
The mark owner may secure the continuance of such protection for successive periods of 
(10) years each if he applies for renewal of such mark's registration within the last year of 
the valid protection period according to the terms and conditions provided for in this Law 
and its Executive Regulations. 
2. The trademark owner shall have the right to renew the registration of registered mark 
within the six months following the expiration of registration. 
3. If a mark owner does not apply for renewal within the sixth months following the expiry 
of the registration period, the Competent Authority shall of its own motion strike the 
mark off the Register. 
4. The renewal of the mark registration shall be effected without any further inspection and 
announced by means of publication set forth in the Executive Regulations of the Law 
without allowing third parties to object to such renewal. 
 
Article (21):  
Provisional protection shall be given to the marks fixed on goods displayed in official or 
officially-recognized intentional exhibitions organized within the State, during the period of 
exhibition when such marks meet the registration requirements set forth in the Law. The 
Executive Regulations shall provide for the Executive Regulations and procedures of granting 
provisional protection. 
 
Chapter 3 : Trademarks Deregistration  
Article (22):  
Notwithstanding the provisions of article 7 hereof, the Competent Authority and any concerned 
person may recourse to the court of jurisdiction to apply for dere gister ing the trademark that was 
illegally registered. The Competent Authority shall deregister the trademark, if it receives a 
definitive judgment in this regard. 
 
Article (23): 
A trade mark owner may apply for striking it off the register either for all the goods or services 
for which the mark is registered or for only a part thereof. The application for striking off shall 
be submitted pursuant to the terms and conditions stipulated in the Executive Regulations of this 
Law. If a mark is licensed to be used under a deed entered in the Trademarks Register, the 
registration of such mark may only be stricken off upon the written approval of the license 
beneficiary, unless the beneficiary expressly waives such right in the licensing deed.  
 
Article (24): 
The court of jurisdiction may at the request of any concerned person rule in favour of striking off 
the registration of a trademark if it is established to the court that such mark has not been 
seriously used for (5) successive years unless the mark owner proves that the lack of its use, is 
due to a reason beyond his control.  
 
 
 （ジェトロ仮訳）  
Article (25):  
Should a trade mark be stricken off, it may only be re-registered in favour of a third party for the 
same goods or services or similar ones after the elapse of three years from the date of striking off , 
unless the striking off is made according to a judgment delivered by the court of jurisdiction, and 
such judgment determines a lesser period for re-registering the mark. 
 
Article (26): 
The striking of a trade mark off the register shall be announced through the means of publication 
set forth in the Executive Regulations of this Law.   
 
Chapter 4: Transfer, Mortgage and Attachment of Trademarks 
Article (27): 
1. The trademark may be wholly or partially transferred, mortgaged or attached with or 
without consideration together with the commercial premises or the project of 
exploitation for which the mark is used to distinguish its goods or services, unless 
otherwise agreed.  
2. Trademark may be transferred through inheritance, will or gift.  
3. In all cases, the transfer, mortgage or attachment of a trademark may not be opposed to 
third parties except after being entered in the Trademarks Register and announced in the 
manner determined in the Executive Regulations of this Law . 
 
Article (28): 
1. The transfer of ownership of a commercial shop or an exploitation project shall include 
the trademarks registered in the transferor’s name which may be considered closely 
related to the shop or project unless otherwise agreed upon.  
2. Should the ownership of a commercial shop or exploitation project be transferred without 
the mark, the ownership transferor may continue using such mark with regard to the 
goods or services for which it is registered unless otherwise agreed.  
 
Part 3 
Licensing Contracts 
Article (29): 
The owner of a trademark may, by a written and attested contract, license any natural or legal 
person to use such mark for all or part of the goods or services for which the mark is registered. 
The mark owner may license others to use the same mark; and may use it himself unless 
otherwise agreed. The period for licensing the use of a mark may not exceed the one prescribed 
for its protection.  
 
Article (30): 
A license beneficiary shall not be subject to restrictions on the rights granted by the registration 
of a trade mark or not necessary for preserving such right.  
However, a licensing contract may include the following restrictions: 
1. The territory or period of using the mark. 
2. The conditions warranting to the mark owner the control of the goods or services quality. 
3.  The compelling of a license beneficiary to abstain from all that acts which may result in 
undervaluing or harming the mark. （ジェトロ仮訳）  
 
Article (31): 
A contract licensing the use of a trademark shall only be valid, unless it is written, and it is not a 
must to be recorded in the Trademarks Register. If same is recorded in the Register, the method 
of recording and announcement shall be determined in the Executive Regulations. 
 
Article (32): 
A beneficiary of a license may not assign it to a third party or grant sub-licenses unless otherwise 
agreed upon. 
 
Article (33): 
A licensing contract shall be stricken off the Register at the request of the owner of the mark or 
the license beneficiary after providing evidence of termination or cancellation of the licensing 
contract. 
The Competent Authority shall notify the other party of the application submitted for striking the 
license off. Striking off shall not be made unless the Competent Authority notifies the other party 
of 
the license striking off application. In such case, such party may object to the striking off 
application pursuant to the procedures and terms provided in the Executive Regulations. 
 
Part 4 
Collective Marks, Control Marks and Marks of Public Authorities and Occupational 
E
stablishments  
Article (34):  
1. Collective marks used to distinguish goods or services of facilities belonging to members 
of a certain entity having a legal personality may be registered. 
Collective mark registration application shall be submitted by the representative of such 
entity to be  used by the member thereof as per the conditions and requirements set by the 
entity, provided that same shall be approved by the Competent Authority. 
2. Collective mark registration applicant shall state, in the registration application, that it is 
related to a collective mark, and shall enclose to the application a copy of the 
requirements of using the mark to be registered.  
In all cases, the registered collective mark owner shall notify the Competent Authority of 
any alterations to such requirements. No alteration shall be valid, unless it is approved by 
the Competent Authority.  
3. If the collective mark is struck off, it may not be re-registered for third parties as to 
compliant or similar goods or services.  
4. The court of jurisdiction may at the request of any concerned person rule in favour of 
striking off the registration of a collective mark if it is established to the court that the 
registered owner solely uses the collective mark or uses, or causes others to use, such 
mark in a manner violating the requirements set forth in clause 2 of this article, or uses 
same in a manner misleading the consumers in terms of the origin of goods or any joint 
specification of the goods or services for which the collective mark is registered.  
 
Article (35): 
1. Legal persons controlling or inspecting some goods or services as to their source, 
components, mode of manufacture, quality, essence or any other property may apply to （ジェトロ仮訳）  
the Competent Authority for licensing them to register a mark reserved to indicate that 
the control and inspection has been carried out.  
In all events, such mark may only be registered or its ownership may be transferred upon 
the Competent Authority’s approval.  
2. Controlling mark registration applicant shall state in the registration applicant that it is 
related to a controlling or inspecting mark; and shall enclose to the application a copy of 
the requirements of using the mark to be registered.  
In all cases, the registered mark owner shall notify the Competent Authority of any 
alterations to such requirements. No alteration shall be valid, unless it is approved by the 
Competent Authority. 
 
Article (36):  
Marks may be registered for non-commercial purposes, e.g. logos of the Public Authorities or the 
logos used by the occupational establishments to distinguish their correspondence or used as 
badges for their members. 
 
Article (37): 
1. Signs that can be used in the context of trade as geographical indicators may constitute 
attesting marks or collective ones.   
2. The Executive Regulations shall determine the conditions and rules of registering the 
marks set forth in articles Nos. 34, 35 and 36 of the Law as well as the documents to be 
submitted for registration purposes, and all the organizational matters related thereto. 
Registration of any mark shall have all the effects set forth in this Law.  
 
Part 5 
Enforcement of Rights 
Article (38): 
1. The owner, if he has justified reasons to make him believe that importing imitated or 
forged goods or goods bearing mark similar to his registered trademark in a way would 
cause confusion to the public could be possible, may submit a written application to the 
customs release authority to stop customs release for these goods and to not allow to be 
traded.  
The application shall be accompanied by evidence that is enough to convince the customs 
release authority that there is infringement, as apparent, on the right of the applicant for 
the mark, and the application shall include sufficient information that could be reasonably 
a
vailable to the applicant to enable the said authority to identify such goods.  
2. The customs release authority shall notify the applicant in writing of its decision on the 
application within seven days from the date of submission of the application, and such 
decision shall be effective, in the case of acceptance of the application, for a period of 
one year from the date of submission, or for the remaining period of trademark protection, 
whichever is earlier, unless the applicant requests shorter period.  
3. The customs release authority may assign the applicant to provide appropriate bail or its 
equivalent guarantee that is enough to protect the defendant and the competent authorities, 
and to prevent abuse of the right to request to stop the cu stom s release. 
4. Without prejudice to the provisions of the preceding clauses, the customs release 
authority may motu proprio , without the need to file a complaint or an application by the （ジェトロ仮訳）  
owner or a third party, issue a decision to stop customs release for imported or transit 
goods or goods prepared for export upon their arrival to the customs zone under its 
jurisdiction, if there is sufficient evidence, as apparent, proving that these goods are 
imitated or improperly bearing a mark similar to a registered trademark, in a manner that 
could cause a confusion to the public. 
5. If the customs release authority has decided, pursuant to the provisions of this Article, to 
stop the release of goods which are reached to the customs zone under its jurisdiction, it 
shall do the following: 
a. Notifying goods importer and the owner of the decision issued to stop the customs 
release immediately after its issue. 
b. Notifying the owner, upon written request from him, of the names and addresses of 
the sender, importer and recipient of goods and the quantities thereof. 
c. Allowing
 the concerned persons to inspect the goods according to the customs 
procedures followed in this regard. 
 
The owner may file a claim on the origin of the dispute before the court of 
jurisdiction and inform same to the customs release authority no later than ten 
working days from the date of notification of the decision to stop the customs release 
for these goods. Otherwise, the decision shall be deemed void ab initio, unless such 
a
uthority or the court of jurisdiction extends this period in cases it estimates for a 
further 10-day period, and if the claim is already filed on the origin of the dispute, the 
court may support, modify or cancel the issue. 
6. With the exception of cases estimated by the court, if it is established to the court that the 
goods, which customs release is suspended, are imitated or forged or improperly bear a 
tra
demark similar to the registered trademark, in a manner that could cause a confusion to 
the public, such goods shall be destroyed at the expense of the importer, or disposed out 
of the commercial channels if such destruction may cause unacceptable harm to public 
health or the environment. 
7. In all cases, goods shall not be released to commercial channels or permitted to be re-
exported just by removing the trademark that is  illegally placed. 
8. The Minister of Finance shall, after coordination with the competent minister, issue a 
decision specifying the data, conditions, controls and procedures for submitting an 
application to stop the customs release and to decide thereon, and the documents to be 
attached to this application. Specifying such data shall not lead to refrain from requesting 
the procedure referred to above. 
 
For the purposes of this Article, the term “imitated goods” means goods, including 
packages, bearing without authorization a mark similar to a registered trademark for such 
goods or a mark that cannot be distinguished from a registered trademark in terms of the 
fundamental elements. 
 
Article (39): 
The provisions of Article 38 of this Law shall not apply to: 
a. Small quantities of goods of non-commercial nature, which are contained inside the 
travellers’ personal luggage or sent in small packages.  （ジェトロ仮訳）  
b. Goods which are offered for trading on the markets of the exporting country by the owner 
of the trademark or with his consent. 
 
Article (40): 
1. In case of infringement, or to prevent an imminent infringement, on any of the rights 
prescribed under the provisions of this Law, the owner may obtain an order on a petition 
from the court of jurisdiction on the origin of the dispute to take measure(s) of 
appropriate precautionary measures, including the following: 
a) Conducting detailed description for the alleged infringement, and goods which are 
subject of these infringement, and materials, tools and equipment that have been used 
or will be used in any of it, and keeping relevant evidences. 
b) Imposing attachment on things, referred to in the preceding paragraph, and 
revenues resulting from the alleged infringement. 
c) Preventing goods, subject of the alleged infringement, from entering into the 
commercial channels and preventing export thereof, including imported goods 
immediately after customs release thereof. 
d) Suspending or preventing infringement. 
 
2. The court may assign the petitioner to submit his evidence that affirm the occurrence of 
an infringement or an imminent infringement on the right, and may assign him to provide 
sufficient information to enable the Competent Authority to implement the precautionary 
measure of identification of the goods concerned. 
3. The court shall decide on the petition no later than ten days from the date of submission, 
save the exceptional cases estimated by the court. 
4. The court may, when required, issue the order, at the request of the petitioner, without 
calling the other party, if delay in issuing the order may cause irreparable harm to 
plaintiff, or there is a fear of the demise or destruction of evidence, in this case the other 
party shall be notified of the matter without delay immediately after its issuance, and 
when necessary, the other party may be notified directly after implementing the order. 
5. If the court ordered to take precautionary measure without calling the other party, the 
defendant after being notified of the matter may appeal it before the court of jurisdiction 
within twenty days from the date of notification, and the court in this case may support, 
modify or cancel it. 
6. The court may assign the petitioner to provide a suitable bail or its equivalent guarantee 
that is sufficient to protect the defendant and to prevent abuse of the right, and the 
amount of bail, or its equivalent guarantee, shall not be big to the extent that it may lead 
unreasonably to refrain from request to take precautionary measures referred to above. 
7. The owner may file a claim on the origin of the dispute within twenty days from the date 
of issuance of the order to take the precautionary measures, or from the date on which he 
is notified of the rejection of the appeal provided for in Clause 5 of this Article, as the 
case may be. Otherwise, this order will be cancelled at the request of the defendant. 
 
Article (41):  
1. The owner, if he sustains direct damage arising out of infringing any of his rights under 
the provisions of this Law, may file a claim before the court of jurisdiction to request a （ジェトロ仮訳）  
judgment for adequate compensation to redress the damage affected him as a result of the 
infringement, including profits earned by the defendant. 
 
The court shall determine the compensation it deems appropriate for redressing the 
damage, taking into account the value of a good or service, subject of infringement, in 
accordance with what is determined by the plaintiff on the retail price or any other licit 
criterion required to be applied or as to be determined by the expert.  
 
2. The owner may, instead of claiming a compensation redressing the damage including 
profits earned by the infringer in accordance with the provisions of the preceding 
paragraph, request, at any time and before considering the claim, a judgment giving him 
an 
adequate compensation if it is proved that the infringement is represented in using the 
trademark in the intentional imitation of commodity or is made in any other manner. 
3. The court  of jurisdiction may, upon considering the claims relating to the rights 
prescribed under the provisions of this Law, order the following: 
a. Seizing goods which are suspected to be involving an infringement, and seizing any 
materials or tools related thereto, and any documentary evidence relating to the 
infringement.  
b. Obligating the infringer to stop the infringement, including preventing the export of 
goods that involve the infringement of any of the rights prescribed under the 
provisions of this Law and preventing the entry of imported ones into the commercial 
channels immediately after customs release. 
c. Obligating the infringer to provide the court of jurisdiction or to the owner with the 
information in his possession on all those persons or entities that contributed in any 
aspect of the infringement, and on the methods of production and distribution 
channels of such goods or services, including the identity of all those who 
participated in the production or distribution of goods or services and determining his 
own distribution channels. 
4. The court  of jurisdiction, at the request of the owner, may order to destroy goods which 
imitation is established, except in exceptional cases, without compensation of any kind to 
the defendant, and it may order - without delay - to destroy the materials and tools used in 
the manufacture or production of imitated goods without compensation of any kind to the 
defendant, and the court, in exceptional cases that it estimates, may order to dispose of 
such goods outside the commercial channels so as to prevent the possibility of further 
infringements. 
 
The court of jurisdiction may, instead of destroying the goods, materials and tools used in 
the manufacture or production of imitated goods, order to dispose of them outside the 
commercial channels, if the destruction of goods results in unacceptable harm to public 
health or environment.  
 
5. Removal of trademark improperly placed on the imitated goods shall not be considered as 
a good reason to release them to the commercial channels. 
6. The court  of jurisdiction shall estimate costs and fees of experts and specialists assigned 
to conduct task for the claim, in a manner commensurate with the size and nature of the （ジェトロ仮訳）  
task assigned thereto, and without unreasonably precluding the recourse to these 
procedures.  
 
Part 6 
Penalties  
Article (42): 
a. Without prejudice to any greater penalty imposed by another law, a sentence of 
imprisonment for a period not less than one month and not exceeding three years and/or a 
fine not less than five thousand Saudi Riyals and not exceeding one million Saudi Riyals 
or its equivalent in other GCC currencies, shall be imposed on any person convicted of 
the following offences: 
1. Misrepresenting or imitating a mark registered under the provisions of this Law or 
imitating it in a manner misleading or confusing the public, or using in bad faith any 
mi
srepresented or imitated mark. 
2. Identifying his goods or services in bad faith with a mark owned by others. 
b. Without prejudice to any greater penalty imposed by another law, a sentence of 
imprisonment for a period not less than one month and not exceeding one year and/or a 
fine not less than one thousand Saudi Riyals and not exceeding one hundred thousand 
Saudi Riyals or its equivalent in other GCC currencies shall be imposed on any person 
convicted of the following offences: 
1. Knowingly selling, offering for sale or trading, or possessing with the intention of 
trading any goods bearing false or imitated marks; or unlawfully uses such marks or 
offers services under them. 
2. Using a non-registered mark in cases provided for in Clauses from 2 to 11 of Article 3 
he
rein.  
3. Unlawfully inscribing upon his mark, papers or commercial documents anything that 
might lead to the belief that he has obtained registration of such mark. 
4. Deliberately and in bad faith failing to indicate his registered trademark on goods or 
services.  
5. Knowingly possessing tools or material intended to be used in the imitation of 
registered or famous trademarks. 
 
Article (43):  
Where a person repeats the commission of an offence, a sentence of double the maximum one 
provided herein shall be imposed, in addition to closure of the shop or project for a period of not 
less than fifteen days and not more than six months. The judgment shall be published at the 
expense of the accused in accordance with procedures specified in the executive Regulations. 
 
Under the provisions of this Law, an offence shall be considered repeated if it is committed by 
the accused within three years from the date on which the sentence for the previous offence was 
imposed. 
 
Article (44): 
Where an action of attachment is judicially determined to have been wrongfully brought, the 
defendant may apply to the court for an order for compensation as per actions stipulated in 
Article 40 hereof, provided that such application shall be made within ninety days from either the （ジェトロ仮訳）  
expiration of the period provided for in Article 40 herein or the date of a final judgment on a 
claim related to the trademark. In all cases, the financial guarantee shall not be released to the 
plaintiff until a final judgment in the claim has been issued or the period for the filing of a claim 
has expired, unless the judgment provides for a settlement of the financial guarantee. 
 
P
art 7 
Final Provisions  
Article (45) 
The employees concerned with the enforcement of the provisions of this Law and resolutions 
issued in the implementation thereof, who are designated by a resolution in accordance with the 
procedures adopted in each GCC state, shall have the capacity of judicial enforcement officers, 
and they are entitled to access to areas where activities thereof are included within the provisions 
of this Law to seize violating cases. 
 
The concerned authorities shall provide the necessary facilities for these employees to properly 
perform their duties. 
 
Article (46): 
The Competent Authority may establish an electronic system and an electronic database to be 
availed to the public, including a database on the Internet, in order to submit applications for the 
registration and renewal of trademarks registration and to follow-up and complete the necessary 
procedures for the registration of such marks. 
 
Article (47): 
The marks which are registered in accordance with the provisions of laws, decisions and 
regulations in force prior to the effective date of the provisions of this Law shall be valid. Such 
marks shall be given the protection set forth therein. 
 
Article (48): 
The provisions of this Law shall apply to registration applications for trademarks which have 
been pending and were submitted before the date on which the Law comes into force, provided 
that such applications shall be modified in accordance with the provisions of this Law. 
 
Article (49): 
The provisions of this Law shall not prejudice the controls and obligations stipulated in the 
international bilateral conventions to which the State is a party. 
 
Article (50): 
The Executive Regulations shall determine the charges to be collected for actions made under 
this Law and its Executive Regulations. 
 
Article (51): 
The Committee of Commercial Cooperation shall have the right to interpret this Law and to 
propose amendments thereto. 
 
 （ジェトロ仮訳）  
Article (52): 
The Committee of Commercial Cooperation shall issue the executive Regulations of this Law. 
  （ジェトロ仮訳）  
 
 
 
ジェトロ仮訳  
 
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